Consumer Protection in the Case of Bad Contract Deals in Kosovo Market

Krasniqi, Armand and Sojeva, Diamanta (2018) Consumer Protection in the Case of Bad Contract Deals in Kosovo Market. Hungarian Journal of Legal Studies, 59 (4). pp. 432-442. ISSN 2498-5473

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Abstract

Abstract The legal regulation of contractual transactions in the field of e-business in the last decade, in regards to respecting consumer rights, has marked rapid advancements which have never been seen before. However, in Kosovo, this issue is not only problematic but also complex. Sufficient attention has not been paid to legal regulation of business transactions made by electronic means. This assertion was elaborated from the perspective of comparative legislation in order to influence the local policy makers. This is because there is an urgent need to address the issues derived from this nature and this aims to influence the policy makers’ dealing with electronic contracts and indent. However, this has led to the achievement of the provision of a high quality legal consent and a reduction in the probability of evidence for the existence and interpretation of the content of the electronic contract via electronic form as an essential condition for its validity. The Republic of Kosovo has a deficit in terms of completing e-business legislation and e-contracts. Local legislation needs to be completed in order to complement the elements for secure attachment of an advanced electronic signature and cohesive legal grounds dedicated to this issue, with particular emphasis on the standardization of electronic document integrity protection and the identity of the electronic signature. For the realization of this protection, referring to the comparative legislation, in the case of conclusion of an electronic contract with errors or the legal effects they produce in cases when certain quantities of goods or their values are exceeded, it should be regulated on the basis of specific information statements placed in the e-mail editorial office, which means their authentic and prior receipt and signature. In addition, referring to comparative law, in the case of signing an electronic contract with irregularities, in particular its legal consequences in overcoming its quantity or value, in this case the contract should be amended based on clear information (specific conditions) stipulated by the editor (contractor) of electronic contract, which inter alia means prior acceptance and authentication signature.

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